George Avraam
Biography
George practices trial and appellate litigation. He has been lead counsel on cases before administrative tribunals, trial courts, and courts of appeal, including the Supreme Court of Canada. He represents parties in high-profile and reputation threatening cases, such as large-stakes labor and employment litigation, class actions, fraud (financial and otherwise), governance matters, shareholder and partnership disputes, and administrative and public law issues, including those involving the Charter.
George also provides high-value, complex strategic advice to Boards and executive leadership teams. He has advised on several matters, including domestic and cross-border investigations, crisis management, executive compensation, and governance issues.
Practice Focus
George has a broad trial and appellate litigation practice that is focused on complex litigation.
Referring to George, Chambers Canada quotes clients: "George is simply outstanding. He's highly talented, intelligent and an exemplary lawyer." "He is calm in a crisis, thoughtful in his advice and measured in his actions." "He is amazing, is unbelievably responsive, understands our needs, our culture, our context. He gives us clear advice and is always aligned with the bigger picture." "George provides great guidance and advice. He understands the business, our risk tolerance, and the direction we like to take matters." "He has a great ability to devise strategy for complex matters." Clients described George to Benchmark Litigation as "incredibly responsive, professional, service oriented, skilled and discerning" and "detail oriented and a strategic thinker, who has a vast breadth of knowledge on complex areas of law. He led multiple teams of lawyers on complex cases at courts of appeal and the Supreme Court of Canada for us this year, and we are extremely pleased with the work in these cases. We feel honored to have a lawyer of such high caliber and knowledge represent us."
He is a Fellow of the College of Labor and Employment Lawyers, is ranked in Benchmark Litigation, Chambers (Band 2), Legal 500 (Leading Individual), Lexpert, Who's Who Legal (Canada and Global), and Best Lawyers in Canada. The Law Society of Ontario has also designated George as a Certified Specialist in Civil Litigation.
Some of George's noteworthy and precedent setting cases, include:
- Acting as lead litigation counsel for McMaster University, the University of Waterloo, the University of Western Ontario, and Guelph University in successfully ending encampments on their campuses.
- defending a leading Ontario university in the Divisional Court over its mandatory vaccine policy (Michalski).
- whether an employer must provide an employee consideration for a termination clause in an asset transaction (Olympus, leave to appeal to the Supreme Court of Canada denied).
- the scope and purpose of punitive damages (Pate).
- the jurisdiction of the court to entertain a wrongful dismissal after a union has been certified but before a collective agreement has been finalized (Cintas).
- the enforceability of termination clauses in employment contracts (Holland and Andros).
- the authority and powers of a university administrative tribunal (Bart).
- the jurisdiction of a labor board over a foreign entity (Wal-Mart Stores Inc).
- the lawfulness of a store closure during a union certification drive Wal-Mart (Jonquiere, SCC).
- moral damages flowing from an employment relationship (Honda v. Keays (SCC)).
Representative Legal Matters
- Lead counsel to McMaster University in Michalski et al. v. McMaster University, 2022 ONSC 2625 (Can LII), in which the Court dismissed a challenge to the University's mandatory vaccination policy.
- Lead counsel in two different class actions involving security companies in off-the-clock employment class actions.
- Lead counsel to a retailer in an off-the-clock employment class action, which the court dismissed.
- Lead counsel in Andros v. Colliers Macaulay Nicolls Inc. 2019 ONCA 679, which addressed the enforceability of termination clauses in employment agreements.
- Lead counsel in Krishnamoorthy v. Olympus Canada Inc. 2017 ONCA 873, in which the Ontario Court of Appeal found that fresh consideration was not required for a termination clause secured as part of an offer of employment in an asset transaction. The Supreme Court of Canada denied leave to appeal.
- Lead counsel in Bart v. McMaster University 2016 ONSC 5747 (Can LII), in which he successfully represented McMaster University in one of the most significant judicial reviews involving internal adjudicative processes at a university.
- Lead counsel in Holland v. Hostopia.com, 2015 ONCA 762 in which he successfully upheld the trial court's findings that the Plaintiff was not entitled to commissions arising out of a transaction.
- Lead counsel in Pate Estate v. The Corporation of the Township of Galway-Cavendish and Harvey (2013), 117 O.R. (3d) 481 on the scope and purpose of punitive damage awards.
- Lead counsel for the intervener, Canadian Association of Counsel to Employers, in a case at the Supreme Court of Canada involving the intersection between the Charter and workplace policies and collective agreements in York Region District School Board v. Elementary Teachers Federation of Ontario 2024 SCC 22 (SCC) (CanLII).
- Lead counsel for the intervener, the Canadian Constitution Foundation, in a case at the Supreme Court of Canada involving the immunity of the Crown for damages in Attorney General of Canada v. Joseph Power, 2024 SCC 26 (CanLII).
- Lead counsel for the intervener, the Canadian Constitution Foundation on a freedom of expression case, in Peterson v. College of Psychologists of Ontario, 2023 ONSC 4685 (CanLII).
- Lead counsel at the Ontario Court of Appeal for the intervener Canadian Association of Counsel to Employers, on the constitutionality of wage restraint legislation: Ontario English Catholic Teachers Association v. Ontario (Attorney General) 2024 ONCA 101 (CanLII).
- Lead counsel for the intervener, the Canadian Constitution Foundation, on an equality case involving standardized tests in The King v. Petrucci before the Ontario Court of Appeal 2023 ONCA 788 (CanLII).
- Lead counsel for the intervener, the Alliance of Manufacturers & Exporters Canada, at the Supreme Court of Canada in UFCW, Local 503 v. Wal-Mart Canada Corporation, 2014 SCC 45 (CanLII).
- Lead counsel for the intervener, the Alliance of Manufacturers & Exporters Canada, at the Supreme Court of Canada in Plourde v. Wal-Mart Canada Corporation, 2009 SCC 54 and Desbiens et al. v. Wal-Mart Canada Corporation, 2009 SCC 55.
- Lead counsel for the intervener, the Alliance of Manufacturers & Exporters Canada, at the Supreme Court of Canada in Honda Canada Inc. operating as Honda of Canada Mfg. v. Kevin Keays: 2008 SCC 39.
Professional Associations and Memberships
- Fellow, College of Labor and Employment Lawyers
- Canadian Association of Counsel to Employers, Chair, Advocacy Committee
- The Advocates' Society
- Canadian Association of University Solicitors
Admissions
- Ontario~Canada (1999)
Education
- Osgoode Hall Law School (LL.M. Administrative Law) (2002)
- Osgoode Hall Law School (LL.B.) (1997)
- York University (B.A.) (1993)
Languages
- English
- Greek